Archive: Last Bill Status
Via A9568 - Signed by Governor

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Bill Amendments

S6824 - Details

S6824 - Summary

Relates to the tolling of the statute of limitations relating to personal injury caused by contact with or exposure to any substance or combination of substances found within an area designated as a superfund site.

S6824 - Sponsor Memo

BILL NUMBER: S6824
TITLE OF BILL : An act to amend the civil practice law and rules, in
relation to the tolling of the statute of limitations relating to
personal injury caused by contact with or exposure to any substance or
combination of substances found within an area designated as a
superfund site
PURPOSE OR GENERAL IDEA OF BILL :
Allows personal injury actions arising from exposure to chemicals or
other substances contained within an area to be commenced within three
years of that site's designation as a state or federal superfund site.
SUMMARY OF SPECIFIC PROVISIONS :
Section 1 adds a new section 214(f) to the civil practice law and
rules that allows a personal injury action arising from exposure to
chemicals or other substances contained within an area to be commenced
within three years of the discovery of the injury, or within three
years of when the injury reasonably should have been discovered, or
within three years of that site's designation as a state or federal
superfund site, whichever is latest.
Section 2 contains the effective date.

JUSTIFICATION :
The recent discovery of water contamination in Hoosick Falls, New York
and Flint, Michigan has raised great alarm across our country and our
state. These instances of contamination have been cited as the
potential cause of many previously unexplained illnesses suffered by
members of those communities. In many cases, the statute of
limitations to bring a personal injury action has long since run
before any contamination was ever discovered. This bill seeks to
address this inequity and give those who have been sickened legal
recourse to be made whole.
This legislation would allow a personal injury action to be brought
within three years of the time when a site containing chemicals and
other substances has been designated as a state or federal superfund
site. Under current state law, the three year statute of limitations
for personal injury actions related to the latent effects of exposure
begins to run when an injury is discovered or reasonably should have
been discovered, whichever is sooner.
This bill would create a narrowly tailored legal mechanism to address
instances where extraordinary circumstances negatively impact public
health. What distinguishes the injuries suffered by many residents of
Hoosick Falls from other exposure cases is that members of this
community had no idea they had even been exposed to any hazardous
toxins until years after they had become sick. Individuals in Hoosick
Falls or those in any other circumstances which would fall under the
scope of this bill should not be denied legal recourse simply because
the statute of limitations has run on a claim they never knew that
they had.
PRIOR LEGISLATIVE HISTORY :
New bill.
FISCAL IMPLICATIONS :
None to the state.
EFFECTIVE DATE :
Immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
6824
I N S E N A T E
February 25, 2016
___________
Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to the
tolling of the statute of limitations relating to personal injury
caused by contact with or exposure to any substance or combination of
substances found within an area designated as a superfund site
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil practice law and rules is amended by adding a new
section 214-f to read as follows:
S 214-F. ACTION TO RECOVER DAMAGES FOR PERSONAL INJURY CAUSED BY
CONTACT WITH OR EXPOSURE TO ANY SUBSTANCE OR COMBINATION OF SUBSTANCES
FOUND WITHIN AN AREA DESIGNATED AS A SUPERFUND SITE. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, AN ACTION TO RECOVER PERSONAL DAMAGES
FOR INJURY CAUSED BY CONTACT WITH OR EXPOSURE TO ANY SUBSTANCE OR COMBI-
NATION OF SUBSTANCES CONTAINED WITHIN AN AREA DESIGNATED AS A SUPERFUND
SITE PURSUANT TO EITHER CHAPTER 103 OF SECTION 42 OF THE UNITED STATES
CODE AND/OR SECTION 27-1303 OF THE ENVIRONMENTAL CONSERVATION LAW, MAY
BE COMMENCED WITHIN THREE YEARS FROM THE DATE OF THE DISCOVERY OF SUCH
INJURY, OR THREE YEARS FROM THE DATE WHEN THROUGH THE EXERCISE OF
REASONABLE DILIGENCE THE CAUSE OF SUCH INJURY SHOULD HAVE BEEN DISCOV-
ERED, OR WITHIN THREE YEARS OF SUCH DESIGNATION OF SUCH AN AREA AS A
SUPERFUND SITE, WHICHEVER IS LATEST.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14332-01-6

S6824A (ACTIVE) - Details

S6824A (ACTIVE) - Summary

Relates to the tolling of the statute of limitations relating to personal injury caused by contact with or exposure to any substance or combination of substances found within an area designated as a superfund site.

S6824A (ACTIVE) - Sponsor Memo

BILL NUMBER: S6824A
TITLE OF BILL : An act to amend the civil practice law and rules, in
relation to the tolling of the statute of limitations relating to
personal injury caused by contact with or exposure to any substance or
combination of substances found within an area designated as a
superfund site
PURPOSE OR GENERAL IDEA OF BILL :
Allows personal injury actions arising from exposure to chemicals or
other substances contained within an area to be commenced within three
years of that site's designation as a state or federal superfund site.
SUMMARY OF SPECIFIC PROVISIONS :
Section 1 adds a new section 214-f to the civil procedure law and
rules that allows a personal injury action arising from exposure to
chemicals or other substances contained within an area to be commenced
by a plaintiff within the period authorized under section 214-c of the
civil practice law and rules or within three years of that site's
designation as a state or federal superfund site, whichever is latest.
Section 2 contains the effective date.
JUSTIFICATION :

The recent discovery of water contamination in Hoosick Falls, New York
and Flint, Michigan has raised great alarm across our country and our
state. These instances of contamination have been cited as the
potential cause of many previously unexplained illnesses suffered by
members of those communities. In many cases, the statute of
limitations to bring a personal injury action has long since run
before any contamination was ever discovered. This bill seeks to
address this inequity and give those who have been sickened legal
recourse to be made whole.
This legislation would allow a personal injury action to be brought
within three years of the time when a site containing chemicals and
other substances has been designated as a state or federal superfund
site. Under current state law, the three year statute of limitations
for personal injury actions related to the latent effects of exposure
begins to run when an injury is discovered or reasonably should have
been discovered, whichever is sooner.
This bill would create a narrowly tailored legal mechanism to address
instances where extraordinary circumstances negatively impact public
health. What distinguishes the injuries suffered by many residents of
Hoosick Falls from other exposure cases is that members of this
community had no idea they had even been exposed to any hazardous
toxins until years after they had become sick. Individuals in Hoosick
Falls should not be denied any legal recourse simply because the
statute of limitations has run on a claim they never knew that they
had.
PRIOR LEGISLATIVE HISTORY :
New bill.
FISCAL IMPLICATIONS :
None to the state.
EFFECTIVE DATE :
Immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
6824--A
I N S E N A T E
February 25, 2016
___________
Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the civil practice law and rules, in relation to the
tolling of the statute of limitations relating to personal injury
caused by contact with or exposure to any substance or combination of
substances found within an area designated as a superfund site
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil practice law and rules is amended by adding a new
section 214-f to read as follows:
S 214-F. ACTION TO RECOVER DAMAGES FOR PERSONAL INJURY CAUSED BY
CONTACT WITH OR EXPOSURE TO ANY SUBSTANCE OR COMBINATION OF SUBSTANCES
FOUND WITHIN AN AREA DESIGNATED AS A SUPERFUND SITE. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, AN ACTION TO RECOVER PERSONAL DAMAGES
FOR INJURY CAUSED BY CONTACT WITH OR EXPOSURE TO ANY SUBSTANCE OR COMBI-
NATION OF SUBSTANCES CONTAINED WITHIN AN AREA DESIGNATED AS A SUPERFUND
SITE PURSUANT TO EITHER CHAPTER 103 OF SECTION 42 OF THE UNITED STATES
CODE AND/OR SECTION 27-1303 OF THE ENVIRONMENTAL CONSERVATION LAW, MAY
BE COMMENCED BY THE PLAINTIFF WITHIN THE PERIOD ALLOWED PURSUANT TO
SECTION TWO HUNDRED FOURTEEN-C OF THIS ARTICLE OR WITHIN THREE YEARS OF
SUCH DESIGNATION OF SUCH AN AREA AS A SUPERFUND SITE, WHICHEVER IS
LATEST.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14332-03-6

S6824B - Details

S6824B - Summary

Relates to the tolling of the statute of limitations relating to personal injury caused by contact with or exposure to any substance or combination of substances found within an area designated as a superfund site.

S T A T E O F N E W Y O R K
________________________________________________________________________
6824--B
I N S E N A T E
February 25, 2016
___________
Introduced by Sens. MARCHIONE, AKSHAR, DeFRANCISCO, KRUEGER, LATIMER --
read twice and ordered printed, and when printed to be committed to
the Committee on Judiciary -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the civil practice law and rules, in relation to the
tolling of the statute of limitations relating to personal injury
caused by contact with or exposure to ground water contaminated by
substances, compounds or toxins
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil practice law and rules is amended by adding a new
section 214-f to read as follows:
S 214-F. ACTION TO RECOVER DAMAGES FOR PERSONAL INJURY CAUSED BY
CONTACT WITH OR EXPOSURE TO GROUND WATER CONTAMINATED BY SUBSTANCES,
COMPOUNDS OR TOXINS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, AN ACTION TO RECOVER DAMAGES FOR PERSONAL INJURY CAUSED BY
CONTACT WITH OR EXPOSURE TO GROUND WATER CONTAMINATED BY IDENTIFIABLE
SUBSTANCE OR SUBSTANCES, COMPOUND OR COMPOUNDS, OR TOXIN OR TOXINS MAY
BE COMMENCED WITHIN THIRTY MONTHS OR TWO YEARS AND SIX MONTHS FROM THE
DATE OF THE DISCOVERY OF SUCH INJURY, OR WITHIN TWO YEARS FROM THE DATE
WHEN THROUGH THE EXERCISE OR REASONABLE DILIGENCE THE CAUSE OF SUCH
INJURY SHOULD HAVE BEEN DISCOVERED, WHICHEVER IS LATER.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14332-04-6

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